Subdiv 5Suspension and cancellation of high risk work licence

Subdivision 5—Suspension and cancellation of high risk work licence 106—Suspension or cancellation of licence (1) The regulator may suspend or cancel a high risk work licence if satisfied about 1 or more of the following: (a) the licence holder has failed to take reasonable care to carry out the high risk work safely and competently; (ab) the licence holder has failed to comply with a condition of the licence; (b) the licence holder has failed to obtain a reassessment of competency directed under regulation 95; (c) the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information— (ii) failed to give any material information that should have been given in that application or on that request; (d) the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment. (2) If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for— (a) a further high risk work licence of the same class; or (b) another licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled. (3) If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions. (4) A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends. 1 A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676). 2 A variation of licence conditions is a reviewable decision (see regulation 676). 107—Matters taken into account (1) In making a decision under regulation 106, the regulator must have regard to— (a) any submissions made by the licence holder under regulation 108; and (2) For the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty; (b) in relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law— (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence; (c) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law; (d) the licence holder's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 108—Notice to and submissions by licence holder (1) Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of— (a) the proposed suspension or cancellation; and (b) any proposed disqualification; and (c) any proposed variation of licence conditions. (2) A notice under subregulation (1) must— (a) outline all relevant allegations, facts and circumstances known to the regulator; and (b) advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions. 109—Notice of decision (1) The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision. (iii) whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and (iv) whether or not the licence holder is disqualified from applying for a further licence during the suspension; and (v) if licence conditions are to be varied—the variation; and (vi) if licence conditions are to be varied—that the variation will take effect when the suspension ends; and (iii) whether or not the licence holder is disqualified from applying for a further licence; and (d) if the licence holder is to be disqualified from applying for a further licence, state— (iii) whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and (iv) any other class of high risk work licence or other licence under these regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and 110—Immediate suspension (1) The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that— (a) work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or (b) a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction. (a) the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and (a) give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and (b) make its decision under regulation 106. (5) If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106. 111—Licence holder to return licence document A licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice. 112—Regulator to return licence document after suspension When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends. Division 2—Accreditation of assessors